, 1887-09-01
THE TRIAL BEGUN.
a Jury Secured in the Mccoy Case
Yesterday.
Eloquent Opening Statements by
Opposing Attorneys.
U. P. Goodwin Testffes to the Kill.
ing of Gum by Mccoy.


'N'Siuay aiternoon, Iully twenty
four hours earlier than had been antici
pated. 1t is composed of the following
named gentlemen:
q. w. Clark, grocer; Saml. p. Brown,
butcher; S. H. Becker, painter; Louis
Kirk, bookkeeper; D. W. Gill, deputy
territorial secretary; NJ. Conner, carpen.
ter; Chas. Cushinberry, %ianitor; James
Ferris. capitalist; S. A. Bristol, printer;
John +. Bailey, dairyman; VIM. Cole
machinisti A. Adamsky, jeweler.
After the jury had been sworn by Clerk
Murrin, witnesses for the defense and
prosecution were called inside the bar
and similarly treated. There are about
thirty witnesses, the majority of whom
are for the prosecution.
PROSECUTOR sToLL's STATEMENT.
The opening statement was made by
Prosecuting Attorney Stoll, who after
reading the indictment alleging that
Dan Began, alias VIM. Mccoy, had
on the 18th day of January, 1887, malic.
iously, willfully and unlawfully murdered
Chas. s. Gum, at the town of Lusk,
Laramie county" faced the jury and told
them in a clear, concise, brief and forci-
BILE manner the facts in connection with
the case which the prosecution proposed
to prove. He spoke about twenty min
utes to a large and attentive audience, as
well as those whom he more particularly
addressed. In the course of his remarks
Mr.. Stoll wildly repeated the story of the
killing as nearly everyone knows it, setting
forth. in substance, how Mccoy had ruth
lessly slain the unoffending Chas. Gum
Gum, at that time an officer of the law,
without allowing his victim an opportu-
nifty to defend himself. The speaker be-
came very eloquent and earnest when
stating the details of the muir
der. In a few well chosen words
he told how VIM. Mccoy, as
he shouted to the unsuspecting Gum:
Hello, Charley, are you heeled2" fired
and MORALLY wounded his chosen prey.
AS the latter, with the natural instinct of
self defense, attempted to reach his re-
yolver. which had fallen from his pocket,
the murderer to make his bloody deed
more barbarous, and assurance deubly
sure, had placed his six-shooter to the
dying mans head and literally blown his
brains out. The firearm was discharged
inisuch close proximity to the target that
the hair of the victim was ignited.
JUDGE LACEY's RESPONSE.
At the conclusion of Prosecutor Stoll' 8
statement ex-Chief Justice Lacey, for the
defense, arose, advanced to a point d.
rectlY in front of the jury box, and made
a statement for his client. He did not
dwell upon the facts of the case or cir
cumstances incident to the killing, but
proceeded to remove, if possible. the i'm
preston made upon the twelve men by
Mr.. Stoll's remarks. In carefully worded
sentences, well spoken, the eminent jurist
and learned advocate called the attention
OF the occupants of the jury box to the
nature of the oath they had just taken.
1t wa their sworn duty. he asserted, to
enter upon the trial of the case after lay
ing aside any bias or prejudice which
might exist. They should not, according
to law, form an opinion as to the guilt or
innocence Of the accused until every word
of the evidence had been heard. Judge
Lacey's speech was adroitly worded and
admirably delivered, and was listened to
with marked attention.
THE FIRST WITNESS.
The first witness called was Oliver P.
Goodwin, of Lusk, well known through
out Laramie county, having resided in
this section for many years. The gentle
man was also an important witness in the
Tumble case. His testimony was con-
fined to the particulars of the killing and
events Immediately preceding and follow
ing the tragedy. On the morning of the
18th of January of the present year, while
walking from his place of business to the
post Office, he had met two parties of
men composed of the principals in the
plOOuS occurrence dlu OuCl lllCLub lIty
were Mccoy, Phil Watson and Jesse
Lockwood and Deputy Sheriff Gum and
Happy Jack" Evans. The three first
mentioned entered the saloon of Jas.
Waters. As Gum and his compan-
ion were about to enter the door of the
resort. the event which is being %investi-
gated occurred. Mr.. Goodwin witnessed
the murder through a broken window In
the front part of the building. He stated
the facts substantially as set forth in Mr..
Stolls opening statement. The defend
ant, after finishing the PROSTATE man, ran
to where his horse had been left in readi-
ness, mounted the animal and attempted
to escape. When about seventy-ive
yards from the main street his
horse stumbled and fell, throwing Mccoy
to the ground. At hat moment Deputy
Sheriff John Owens called upon the fee
ing criminal to halt. AS he did not COM
ply with the order Owens fred at him
with a shot gun, two buckshot taking
effect. Mccoy then threw up his hands
and was taken into custody, fully ironed